The Phrase That Cost DivX Its Patent: Claim Drafting and Construction After Netflix v. DivX

Jennifer H. Wu, Partner | Groombridge, Wu, Baughman & Stone LLP

Jennifer H. Wu is a patent trial and appellate lawyer and a name partner of Groombridge, Wu, Baughman & Stone LLP in New York. Her practice spans patent trials and appeals, with depth in biologics disputes, and she is repeatedly ranked among the country’s leading patent litigators.

• Education & Credentials

Jennifer earned her A.B. in Biochemical Sciences from Harvard University and her J.D. from New York University School of Law, where she received the Vanderbilt Medal for Service to the Law School Community and the President’s Service Award for Leadership. She clerked for the Honorable Alan D. Lourie of the U.S. Court of Appeals for the Federal Circuit. She is admitted in New York and New Jersey and before the Supreme Court of the United States, the Federal Circuit, the Second Circuit, and the Eastern and Southern Districts of New York, and is qualified before the U.S. Patent and Trademark Office.

• Recognition & Leadership

Jennifer is ranked in both Chambers USA and The Legal 500 as a leading patent litigator and has been named to the IAM Patent 1000 and the Law dragon 500 Leading Litigators in America. Managing IP Stars placed her among the Top 250 Women in Intellectual Property in 2024 and 2025 and on its IP Stars and Patent Stars lists. Benchmark Litigation has recognized her on its Top 250 Women in Litigation list since 2024 and as a Litigation Star since 2025. In 2026 she received New York University School of Law’s Distinguished Alumni Achievement Award, and in 2024 the New York Law Journal recognized her as a Distinguished Leader. Earlier honors include NAPABA’s “Best Under 40” award in 2017 and the New York Law Journal’s “Rising Star” recognition in 2018.

• Professional Involvement

Jennifer is the immediate past President of the Federal Circuit Bar Association and a former co-chair of its Patent Litigation, Mock Argument, and Rules Committees, receiving the FCBA’s George Hutchinson Committee Award in 2016 and 2018. She serves on the NYU School of Law Board of Trustees, was named a Fellow of the American Bar Foundation in 2024, sits on the Board of the Asian American Bar Association of New York, and is an Executive Board member of USA for UNFPA.

• Experience

Jennifer has been recognized within the patent litigation bar for her advocacy at trial and her work in cutting-edge biologics cases. She also maintains an active pro bono practice representing Asian American victims of racially motivated violence and their families, and in 2023 testified before the U.S. Commission on Civil Rights at its first hearing on anti-Asian violence in nearly 30 years. That work earned her the 2023 Pro Bono Service Award from NAPABA and the 2022 Diversity Initiative Award from the New York Law Journal.

Megan F. Raymond, Partner | Groombridge, Wu, Baughman & Stone LLP

Megan F. Raymond is a partner in the firm’s Washington, D.C. office. She tries patent cases in federal district courts, argues appeals before the Federal Circuit, and has represented clients in more than 90 post-grant proceedings before the Patent Trial and Appeal Board.

• Education & Credentials

Megan received her A.B. in Biochemical Sciences, cum laude, from Harvard University and her J.D. from the University of Virginia School of Law, where she was Managing Editor of Virginia Law and Technology. She clerked for the Honorable Haldane Robert Mayer of the U.S. Court of Appeals for the Federal Circuit. She is admitted in the District of Columbia and before the Federal Circuit and is qualified before the U.S. Patent and Trademark Office.

• Recognition & Leadership

Megan is ranked Band 1 by Chambers USA for Intellectual Property: Patent Trial and Appeal Board and is also ranked as a leading lawyer for Intellectual Property Litigation in Washington, D.C. She has repeatedly been recognized as one of the “Top 50 Women in PTAB Trials” and is one of only 14 intellectual property lawyers in the country named to Forbes’ inaugural America’s Top Women Lawyers list. The Legal 500 ranks her as a Leading Partner, Benchmark Litigation lists her as a Litigation Star, and she has been repeatedly named to Managing IP’s IP Stars and Patent Stars lists and the Law dragon 500 Leading Litigators in America. She was previously named LMG Life Science’s Post-Grant Proceedings Attorney of the Year.

• Professional Involvement

Megan currently serves as President of the PTAB Bar Association and chairs the Federal Circuit Bar Association’s Patent Litigation Committee, having previously chaired the FCBA’s PTAB and Mock Argument Committees. She received the FCBA’s George Hutchinson Committee Award in 2017, 2018, 2019, and 2023. She authored the latest edition of PLI’s treatise, Post-Grant Proceedings Before the Patent Trial and Appeal Board, and speaks frequently on patent law developments, particularly PTAB topics.

• Experience

Megan’s practice combines district court trials, Federal Circuit appeals, and one of the most active PTAB dockets in the country. Before law school, she was a research fellow at the National Institutes of Health in the FDA’s Laboratory of Immunoregulation, where she coauthored papers on vaccine design and development.

Jennifer Rea Deneault, Partner | Groombridge, Wu, Baughman & Stone LLP

Jenna Deneault is a partner in the firm’s New York office with significant experience handling patent litigation at every stage, from trial through appeal, and in every forum, from district courts to the International Trade Commission to the U.S. Court of Appeals for the Federal Circuit. Her matters have ranged from small molecules and biologics to software and hardware.

• Education & Credentials

Jenna received her B.S. in Chemical and Biomolecular Engineering from Cornell University and her J.D., with honors, from George Washington University Law School. She is admitted in New York and before the Federal Circuit and the U.S. District Court for the Eastern District of Virginia.

• Recognition & Leadership

Jenna was named a 2025 Law dragon 500 Leading Lawyer in America and appeared in the 2023 and 2024 Law dragon 500 X – The Next Generation lists. In 2024, LMG Life Sciences awarded her the US Rising Star – Intellectual Property award and Benchmark Litigation included her on its 40 & Under List. In 2023, she received the Rising Star award from the New York Law Journal.

• Professional Involvement

Jenna is a Board Member and Co-Chair of the Membership Committee for the New York Intellectual Property Law Association, which named her Volunteer of the Year in 2024. She is also vice chair of the Patent Litigation Committee for the Federal Circuit Bar Association. Her recent presentation topics include ethics in patent cases, Section 112 in ANDA and BPCIA cases, the Federal Circuit Rules of Practice, and the PTAB.

• Experience

Jenna served as a law clerk to the Honorable Robert W. Schroeder III in the U.S. District Court for the Eastern District of Texas and as a judicial fellow for then-U.S. District Court Judge Leonard P. Stark and U.S. Magistrate Judge Christopher J. Burke in the District of Delaware. She interned for the Honorable Randall R. Radar and the Honorable Pauline Newman at the Federal Circuit, the Honorable Susan G. Braden at the U.S. Court of Federal Claims, and the Honorable Theodore R. Essex at the U.S. International Trade Commission. While in law school, she worked as a Patent Examiner at the U.S. Patent & Trademark Office, focusing on battery and fuel cell applications.

Stephen Accursio Maniscalco, Counsel | Groombridge, Wu, Baughman & Stone LLP

Stephen Maniscalco is counsel in the firm’s New York office. He tries patent cases in federal district courts and before the Patent Trial and Appeal Board and represents clients in appeals at the U.S. Court of Appeals for the Federal Circuit and the Supreme Court.

• Education & Credentials

Stephen received his J.D., magna cum laude, from St. John’s University School of Law and his B.E. in Civil Engineering, summa cum laude, from The Cooper Union for the Advancement of Science and Art. He is admitted in New York and before the Federal Circuit and the U.S. District Court for the Southern District of New York.

• Recognition & Leadership

Stephen was one of six GWBS attorneys named to the 2024 Lawdragon 500 X – The Next Generation list, recognized as a future leader in patent litigation.

• Professional Involvement

Stephen clerked for Judge Paul G. Feinman at the New York State Court of Appeals.

• Experience

Stephen’s litigation experience includes patent disputes involving biologics (including BPCIA litigation), semiconductor memory devices, and internet-of-things technology, spanning trial work in district courts and the PTAB and appellate work at the Federal Circuit and Supreme Court.

Joshua Reich, Associate | Groombridge, Wu, Baughman & Stone LLP

Josh Reich is an associate in the firm’s New York office. He has represented patent clients in injunction proceedings and jury trials in federal district court, in administrative proceedings before the U.S. Patent and Trademark Office, and in appellate proceedings at the U.S. Court of Appeals for the Federal Circuit.

• Education & Credentials

Josh received his B.S. in Biomedical Engineering, magna cum laude, from the University at Buffalo and his J.D., magna cum laude, from Duke University School of Law, where he was an editor of the Duke Law Journal. He is admitted in New York and before the Federal Circuit and the Eastern and Southern Districts of New York and is registered to practice before the U.S. Patent and Trademark Office.

• Recognition & Leadership

Joshua has developed a practice representing clients in complex patent disputes across multiple forums, including federal district courts, appellate proceedings, and USPTO post-grant proceedings. His technical background in biomedical engineering, combined with his legal training and USPTO registration, allows him to effectively handle patent litigation involving sophisticated technologies. He has also been part of litigation teams representing major technology and life sciences companies in significant patent disputes.

• Professional Involvement

Josh is registered to practice before the U.S. Patent and Trademark Office

• Experience

Josh’s practice covers patent litigation from injunction proceedings and jury trials through USPTO administrative proceedings and Federal Circuit appeals. His practice also includes trade secret litigation and product liability litigation.

Ariella Barel, Associate | Groombridge, Wu, Baughman & Stone LLP

Ariella Barel is an associate in the firm’s New York office. She has represented clients in patent litigation matters in federal district court and the U.S. Court of Appeals for the Federal Circuit.

• Education & Credentials

Ariella earned her B.S.E. in Bioengineering from the University of Pennsylvania and her J.D., magna cum laude, from the New York University School of Law. She is admitted in New York and before the Federal Circuit and the Eastern and Southern Districts of New York.

• Recognition & Leadership

Ariella was part of the GWBS trial team recognized as a runner-up in The American Lawyer’s Litigator of the Week column for securing summary judgment for Amgen in the Evenity osteoporosis patent dispute

• Professional Involvement

Ariella has engaged in a range of pro bono work and serves on the board of New Neighbors Partnership, an organization that supports newly arrived refugees in the New York area.

• Experience

Ariella’s practice focuses on patent litigation in federal district court and at the Federal Circuit. Before earning her J.D., she managed the data and regulatory aspects of leukemia clinical trials at the Weill Cornell Medicine/New York-Presbyterian Joint Clinical Trials Office.

SESSION 1 – Prosecuting Patent Claims for Successful Future Claim-Construction Disputes | 12:00pm 1:00pm

This session uses Netflix, Inc. v. DivX, LLC (Fed. Cir. Feb. 13, 2026) as a case study to teach patent prosecutors how a single grammatical ambiguity—unresolved by the specification or prosecution history—can cost a patentee hundreds of millions of dollars and years of litigation. Attorneys will learn how courts apply interpretive canons such as the nearest-reasonable-referent rule to resolve claim ambiguity, how antecedent-basis errors trigger indefiniteness under the Nautilus reasonable-certainty standard, and how prosecution histories across patent families create binding positions on shared claim terms.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Litigating Claim Construction in Inter Partes Review and on Federal Circuit Appeal | 1:10pm – 2:10pm

This session examines how claim construction disputes are litigated in inter partes review proceedings before the PTAB and on appeal to the Federal Circuit, using Netflix v. DivX as the anchor case. Attendees will learn how textual canons such as the rule of the last antecedent operate in IPR, how the Federal Circuit applies de novo review to construction questions, and how implicit constructions embedded in Board decisions create appellate hooks. Attorneys leave with concrete strategies for petitioners and patent owners across institutions, trial, and appeal stages of IPR practice.